Introduction
The three organs of the Government with the help of whom the society functions and governs are:
- Legislative
The power to make laws is with the Legislature.
- Executive
The power to execute the laws is with the executive.
- Judiciary
Judiciary sees that the execution of laws is done in a proper manner. It maintains a balance between the legislative and the executive.
In India though is a concept of ‘Separation of Powers’, according to which the powers and responsibilities of the three organs of the government will be independent and will not conflict with one another but in some of the other ways these organs intersect with each other in their working.
The term which can be used as a synonym to Legislature is ‘Parliament’. It is the agency which has the responsibility to plan the will of the state and vest it with authority and force. There are two types of legislatures:
- Unicameral
It is the legislature which has one chamber or house.
- Bicameral
It is the type of legislature which has two houses/chambers. India is a country of Bicameralism. One is a Parliament at Union which comprises President with Lok Sabha and Rajya Sabha and the other is Parliament at State which comprises Governor with Legislative Assembly and Legislative Council where mostly Legislative Assembly is present.
Functions of Legislative Organs
- Lawmaking
The first and foremost function of the legislative organs is to make laws. It is the legislature which plans the will of the state into laws and gives it a legal character. In addition, the Legislature transforms the demands of the people into authoritative laws/statutes. However, the President has an important role in making laws as a Bill will only become a law after the President has given his assent.
- Leadership role
Parliament functions as a political leader of the society. Since these political leaders are the ones who can influence society towards the attainment of their specific goals, therefore they have a great impact on the wellbeing of the nation itself and for its people as well.
- Deliberative Functions
The debates which are held in the Parliament are related to public issues, problems, and needs. Through this function, the legislature reflects the public opinion on various issues.
- Administrative Accountability Function
Parliament does not interfere with the day-to-day administration of the executive but exercise surveillance on it. Parliamentary scrutiny is exercised through various procedures like question hour, discussions, etc.
Powers of Legislative Organs
- Power to enact laws
The first and most important power of the legislature is to enact laws. The power to regulate the rights and obligations of the people, under the constitutional provisions is with the Legislature.
- Judicial Powers
It is important to give some judicial power to the Legislature also. The Union Parliament can impeach the President. It has also the power to pass a resolution for the removal of Judges of the Supreme Court and of the High Court’s on the ground of misbehavior or incapacity.
- Custodian of National Finances
Since the legislature holds the purse of the nation it controls the finance of the country. In addition, each year the executive has to prepare a budget. It also needs to get it passed from the legislature for the coming financial year. Further, the legislature maintains control over all financial transactions and expenditures incurred by the executive.
- Constituent Powers
Article 368 of the Indian Constitution provides a provision for the amendment of the Constitution. The Parliament also has the power to alter, repeal or amend any provision of the Constitution. Such amendments cannot be questioned before any court of law on any ground unless they alter or violate the ‘Basic Structure’ of the Constitution. Different judges in different cases have interpreted the term ‘Basic Structure’ cases in a very wide manner.
Limitations of Legislative Organs
The limitations of Legislative Organs are:
- Written Constitution
The written Constitution sometimes acts as a limitation to the Parliament. Moreover, the Parliament of India is competent to make law only on subjects enumerated in the Union and the concurrent Lists. However, the Supreme Court of India can declare any law passed by the Parliament as ultra vires or unconstitutional if it conflicts with the provisions of the Constitution.
- Consent by the States
The non-sovereign character of the Indian Parliament is clear from the fact it cannot amend certain provisions of the Constitution without the concurrence of the legislatures of at least half of the States.
- No delegation
The principle of Separation of Powers does not allow the Parliament to delegate its work because no one has the authority to make laws.
- Judicial review
The Supreme Court has been given wide powers of deciding the validity of the law through precedents.
Conclusion
The functioning of the society is done by all the three organs, the Legislative, the Executive and the Judiciary formed under the Constitution. The prime function of the Legislature is to enact laws, but the legislature is not the actual lawmakers. In conclusion, the real power lies in the Executive, the Judiciary plays its vital role in guarding the Constitution. Though the Separation of Powers is the basic feature of the Constitution, how its applicability is still a question. In the real sense, the legislative concerns have only a small part in the lawmaking process.